POPULAR LINKS

Other Legal Services

Our associated teams of legal experts provide a best-in-class service in conveyancing, family law matters and wealth protection.

03700 86 86 86

0333 130 2752

Message our experts

We promise that someone will get back to you to talk through your situation and explain how we can help. You can expect to hear back from us within two working hours and certainly no later than 10 am on the next working day.

Sorry, there are a few problems with the information you have entered.
Please correct these before continuing.

Who Can Claim From A Fatal Accident

Who Can Claim From A Fatal Accident

There are several elements to any claim for damages arising out of a fatal accident. There are two types of claim that can be made under separate statute:

Potential Claims under the Law Reform (Miscellaneous Provisions) Act 1934

Under the above Act, the deceased's estate inherits the deceased's right to sue in respect of the cause of death. Any recovery of damages would fall into the deceased's estate. Only an Executor or Administrator can pursue a claim under this Act on behalf of the estate.

The claim for the losses of the estate necessarily means:

funeral expenses

any financial losses the deceased had incurred from the date of the accident to the date of his death i.e. any loss of earnings or damage/loss to property

whether there was any pain, suffering and loss of amenity experienced by the deceased between the date of the accident and death

Potential Claims under the Fatal Accidents Act 1976
Under the above Act, the claim is brought on behalf of the dependants of the deceased.
Generally, the action is brought by and in the name of the executor or administrator of the deceased. If there is no executor or administrator, or no action is brought within six months after the death by an executor or administrator, the action may be brought by and in the name of all or any of the persons for whose benefit an executor or administrator could have brought it.
If you're an executor or administrator, you'll be required to provide full particulars of the persons for whom and on whose behalf the action is brought, and of the nature of the claim in respect of which damages are sought to be recovered.
The claim for the losses of the dependants necessarily mean:
bereavement payment presently fixed at £11,800
loss of financial dependency if you and/or other members of the family were financially dependent on your loved one
loss of support/services if your loved one undertook tasks for you or for other members of the family i.e. providing childcare

However, there are strict rules governing who a 'dependant' is. In this Act, 'dependant' means: the wife or husband or former wife or husband of the deceased; the civil partner or former civil partner of the deceased; any person who:

was living with the deceased in the same household immediately before the date of the death; and

had been living with the deceased in the same household for at least 2 years before that date; and

was living during the whole of that period as the husband or wife or civil partner of the deceased

any parent of the deceased

any person who was treated by the deceased as his parent

any child of the deceased (including stepchildren)

any person (not being a child of the deceased) who in the case of any marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage

any person (not being a child of the deceased) who, in the case of any civil partnership in which the deceased was at any time a civil partner, was treated by the deceased as a child of the family in relation to that civil partnership

any person who is a brother, a sister, uncle or aunt of the deceased

any person who is the issue of (i.e. the child) a brother, a sister, uncle or aunt of the deceased

illegitimate person shall be treated as the legitimate child of his mother and reputed father

Any dependent must fit into the above statutory definition.

In addition to this:

any such dependant must have had a reasonable expectation or anticipation of a financial benefit/support from the deceased.

Clearly for a claim to be brought under both the Law Reform Act and the Fatal Accidents Act, it would have to be shown that the death came about because of the accident injuries. If it occurred for other reasons, no claim would arise.

If the accident injuries accelerated the death, there probably would be some claim, but limited to the extent to which the death was accelerated.

Tell us what you think

All documents should be read and used in accordance with the terms and conditions. This document is for your general information only and is not a detailed statement of the law. It is provided to you free of charge and should not be used as a substitute for specific legal advice. If you require specific legal advice please contact our helpline on 03700 86 86 86.